Tips to process a new work and register the house in the property registry

What is a new construction declaration?

It is the manifestation in public deed of the owner or of all the co-owners of a farm in which the fact of having started or concluded new actions, construction of buildings, improvements or, other, similar new works. This deed may be registered in the Land Registry and thus achieve the agreement between the registry and the extra-legal legal reality. In the case of buildings, the number of floors will be recorded; the surface of the occupied plot; the total of the square meters built and, if the approved project is specified, the number of elements that can be used independently.

Modalities of declaration of new construction

It can be done in two ways depending on the construction phase:

The new construction finished: When the construction is completely finished.

New construction under construction: The declaration of new construction under construction is usually made when the owner needs bank financing to build and makes a mortgage on the building under construction.

At the end of the work, the owner must declare that it has been concluded by means of a notarial act called the end of the work.

Is the declaration of new construction mandatory?

If it is a builder or developer, that is to say an entrepreneur, the declaration of new work is mandatory. If it is a private individual who builds on his land for his personal use, he must make the declaration of new work to contract the supplies and obligatorily if he wants to sell, rent or ask a bank for a mortgage loan.

How does the notary intervene? Legality control

In the declaration of new work the notary controls the legality that has been done with all the licenses, authorizations and requirements required by the Law, which are summarized in the following:

 

1.- Requirement of the City Council License authorizing construction based on a project submitted by the owner and written by an architect or other competent professional. Regarding the old works, it will only be necessary to prove the age of the building for the purposes of having prescribed the possible urban infraction (4 years generally, but for subsequent buildings May 6, 2000, the 10 years of ten year insurance must be expected) by any of the 4 ways that the Law cites:

 

City Hall Certification.

Certification by competent technician.

Descriptive notarial act of the farm.

Descriptive and graphic cadastral certification of the farm.

2.- Requirement of the competent technician: We must distinguish:

 

If the building is under construction: the technician must prove that the description of the new work that is included in the public deed conforms to the project for which, where appropriate, the license was obtained.

If the building is finished: the technician must prove that the work has been completed and that it conforms to the project for which the municipal construction license was obtained.

Geographical reference coordinates: In any case, it must be taken into account that to register any completed, new or old building, whose documentary declaration and application for registration is presented in the Property Registry, it will be a requirement that the portion of occupied land be identified through its geographical reference coordinates.

 

3.- Ten-year insurance requirement: The law requires the contracting of damage and surety insurance to guarantee the compensation of material damages caused by defects or defects in the building for 1, 3 and 10 years, although today only insurance is required 10 years due to defects or defects that have their origin or affect the foundation, the supports, the beams, the slabs, the load-bearing walls or other structural elements, and that directly compromise the mechanical resistance and stability of the building. The other two insurances (the annual and the triennial) have not yet entered into force. As characteristics of this ten-year insurance we can point out:

 

In the deeds of new construction under construction, the mandatory nature of the registration of the completion of the work shall be recorded, at which point the requirement of such guarantees shall proceed.

They are only required for buildings whose main destination is housing.

The individual self-motor, whether natural or legal person, is exempted from ten-year insurance for the construction of a single single-family home for its own use (be it first or second dwelling, and even if it is a merely temporary residence). In the case of the "inter-living" transmission before the age of 10, the motor vehicle, unless exempted by the purchaser and after accreditation of having used the property, will be obliged to contract the ten-year guarantee for the time remaining to complete the 10 years.

4.- Building Book Requirement: The Building Book must be delivered to the end users of the building and, except